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Member Profile: chak23 (67 posts)

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Hello, I'm chak23 (report this user)
I am from India
I last logged in on 03 Jan 2018
I have been a member since 09 Nov 2012
I have added 67 posts in trackitt forums
I added my last post on 08 Apr 2017
chak23's Immigration Cases
 
I-140 case: Approved in 64 days (110 days less than average)   (1 comment)
User: chak23 Nationality: India
Applicant Type:primaryService Center:Nebraska
Category:EB2Priority Date:28 Aug 2012
Application Filed:01 Oct 2013USCIS Received Date:09 Oct 2013
USCIS Notice Date:USCIS Receipt Number:
I-140/485 Filing:non-concurrentProcessing Type:premium
RFE Received?:yesRFE Received Date:27 Oct 2013
Reason for RFE:Ability to payRFE Replied Date:26 Nov 2013
Application Status:approvedApproval/Denial Date:04 Dec 2013
Total Processing Time:64 daysMost Recent LUD:
Days Elapsed:
Case Added to Tracker: 05 Dec 2013 Last Updated: 05 Dec 2013
Notes:

PERM case: Approved in 364 days (130 days more than average)   (12 comments)
User: chak23 Nationality: India
Priority Date:28 Aug 2012Category:EB2
Audit Received?:yesAudit Received Date:14 Nov 2012
Reason for Audit:Audit Replied Date:04 Dec 2012
Application Status:approvedApproval/Denial Date:27 Aug 2013
Total Processing Time:364 daysDays Elapsed:
Case Added to Tracker: 09 Nov 2012 Last Updated: 28 Aug 2013
Notes: Just saw my case approval in the DOL wesite..goodluck everyone!
chak23's Posts
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Posted in I-140 Forum on 08 Apr 2017
Topic: Indians aware of visa issues here

Such a well written post.Thanks for the nuanced view, captures the predicament of the "lost" generation in my mind.

As you lucidly point out, for most the constraints we face in our younger days are often driven by expectations we have (or imposed, in some cases ) of life. But the goal is at that point,to overcome/achieve a key deliverable(pay loan, get degree,get married,buy flat, yada yada)

As the clock ticks, these constraints become larger and scope is not limited to a few key actions but a cluster, but such is the nature of life itself. Sometimes I cynically wonder if tunnel vision may actually be the only way out, a clear list of attainable goals to achieve and just stick to a checklist manifesto - to ward off the uncertainly that plagues the journey ahead.

That clear goal unfortunately for me in my 14th year here, has been stability (a.k.a GC), so kinda get stuck in a bit of circular logic.
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Posted in H-1B Forum on 05 Apr 2017
Topic: AVR Mexico experience

All, any feedback/experience you can share?
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Posted in H-1B Forum on 04 Apr 2017
Topic: AVR Mexico experience

All, can you please share your experience with Automatic visa re-validation visiting MX and back? I am less concerned at the US POE but more at the MX side of things- are they aware of this program? I would imagine they would see an expired visa and if they are not aware of AVR, be unsure about how to handle? Any feedback is greatly appreciated. Thanks!
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Posted in H-1B Forum on 04 Mar 2017
Topic: International Travel and Extention

All,

Questions for experts, greatly appreciate any inputs..

1. Can I travel internationally and return within a week of H1B stamp's expiry? (Visa expires 4/15 and back to US 4/7)

2. What is the minimum duration H1B stamping is permitted? I 797 valid till Jan 2018, can I go the consulate and get stamping for 6 months say in June 2017?

Thanks.
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Posted in I-140 Forum on 01 Jan 2016
Topic: I-140 EAD approved by OMB

This is important- Please let me know if my understanding is correct---

I can keep expending my H1B based on the original I-140 (>180 days, non- fraudulent) . When PD gets close,assuming I have changed jobs- I would need to pester my new employer to file PERM/I-140 again and regain the PD and file for AOS.

The question is- do the original I-140 and the final I-140 need be to be related by the same/similar quagmire? If I was a Project Analyst originally and rise up the marketing ranks to a VP, will this rule allow it?

Sorry, no intention to confuse anyone, just need to firm up my understanding.
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Posted in I-140 Forum on 01 Jan 2016
Topic: I-140 EAD approved by OMB

Guys-sorry might be off topic but I think it safe to say, we are all gutted by the lack of relief this rule provides. Assuming the worst that there are no changes during rule making and it is remains intact as it is today- how does one go about accepting new job offers and promotions? If PD >2010, I have heard(not sure) estimates of 10-13 years of wait for GC, instead of previous wait of 6-9 years. If ones moves around till the PD approaches before embarking on the new PERM/I-140 exercise, does the new job have to same/similar to the original I-140,which was the basis for all HI-b extensions? Thanks! Happy 2016..
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Posted in I-140 Forum on 01 May 2015
Topic: Obama EO: EAD for approved I 140

I am in the same boat. I guess we can only wait till Monday to see what the big news is going to be, but in the end have to live with the decision of changing jobs..it will be tough pill to swallow no doubt, if this fix is just a short term one..
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Posted in I-485 Forum on 23 Apr 2015
Topic: Driver License Renewal Triggered Jury Duty

I do not believe the Jury duty has anything to do with the DL renewal. A few years back,my wife was on H4 and got a Jury Duty letter and we did not do anything since she was not a permanent resident. However, we got a second notice asking to respond or be held in contempt of court. So, we called the number provided and explained the situation and were asked to write a letter and also a copy of the visa.Hope this helps.
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Posted in I-140 Forum on 22 Apr 2015
Topic: Obama EO: EAD for approved I 140

I changed my job 4 months back thinking that the EAD for I-140 wont be implemented till Oct or end of year and I would lose a year or so max. It was gamble but now I am not sure if I it was a good move, if the dates are made current for a short while. If something was imminent, I would waited, too late now...
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Posted in I-140 Forum on 21 Apr 2015
Topic: Obama EO: EAD for approved I 140

I just changed my job and looking to re-start the GC process, I have an approved I-140 from previous location(same company). Does this new IV letter mean people like me will not get any benefit?
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Posted in I-765 (EAD) Forum on 24 Nov 2014
Topic: EAD for H4 Visa Holders

All-

I apologize if this query was posted before and answered but would greatly appreciate your inputs. I just accepted an offer last week and getting ready to move, so the timing of the EO has me in a great dilemma. I am on my 8th year of H1B/Approved I-140 PD-Aug. 2012. My question is, if I change my job, can my wife still benefit from the H4/EAD rule, even though the I-140 would be from a previous employer?
Thanks so much!
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Posted in I-140 Forum on 07 Nov 2014
Topic: Changing Job and location with same employer-Impact on GC

Thanks. Unfortunately, they are company contracted law firm, don't have the liberty to choose a different firm for official counsel.
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Posted in I-140 Forum on 07 Nov 2014
Topic: Changing Job and location with same employer-Impact on GC

All-

I had a discussion with my lawyers and to my dismay, they insist that I would need to go through the PERM/I-140 process again for the new position within my company since my I-485 hasn't been filed and pending 180 days and I wouldn't be working at my current location(for which the PERM/I-140 has been approved).

I am confused, I have read since the GC is for a future position, it wouldn't necessitate a new filing if I change location (within the company and similar position) and that when the priority date is current, lawyers would be able to file the I-485 and if pending for over 180 days, could invoke AC-21 and thus a GC approval from new location.

When I discussed this point with the lawyers, they contested that they couldn't approve the above methodology since it would seem like I never wanted to work in the current location and they would need some sort of affidavit from my current location stating that I would be employed in that location after GC approval. However, I don't plan to relocate back to my current location..

Can someone help me with this? Are the lawyers being too conservative or maybe wrong?

Thanks so much..
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Posted in I-140 Forum on 03 Nov 2014
Topic: When is it safe to switch jobs after I-140 approval?

There are no safe/unsafe periods for changing jobs after I-140 approval.This 180 thing is for I-485 and changing jobs(After the I-485 has been pending for 180 days, the employee may port to a similar position. The location is no longer relevant, and the change may be to another employer. Changing positions before the 180 days is risky as USCIS may make its decision earlier than 180 days, and then the employee may require a new filing). Make sure you have the I-140 approval copy(either request the employer or go through the FIOA process). Your employer might inform CIS to revoke your I-140 after you depart, but you do get to keep the priority date,unless of any fraud. Things to consider would be the H1B time left incase you switch employer and the previous company revokes the I-140.
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Posted in I-140 Forum on 25 Oct 2014
Topic: Changing Job and location with same employer-Impact on GC

Thanks so much for the reply. Much appreciated.

Can you let me know what the rationale would be for not needing to re-start the GC process?

Thanks again.
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Posted in I-140 Forum on 25 Oct 2014
Topic: Changing Job and location with same employer-Impact on GC

All-

I would greatly appreciate any guidance on my situation.

I am currently on my 8th year of my H1B visa. I have an approved Labor and I-140 based on my existing position with my current employer (PD:Aug 2012). My H1B is valid till April 2017 ,which was approved based on the I-140 approval. The situation at my current job is quite dicey and looking to move to a new position. I was fortunate to interview with a more stable division within my company and things look promising. The new position is based in a different location(I live in the mid-west and the new position is in the east coast). The hiring team is looking into the impact of my H1B/GC along with the corporate lawyer before making the final decision. I have my finger crossed and I would appreciate any input to the below questions-

1.Will I require a new H1B petition or just an amendment? The titles for both positions are the same within minor differences in job responsibilities. The location is completely different though.

2. Will I get 3 full years on my H1B for the new position (based on an approved I-140) or will it extend till the current expiration?

3.If I end up moving, will I need to re-start my GC process from scratch? I read somewhere that it might be possible to not redo the process if the change is within the same company?

4. Last question is very subjective but I am going to seek opinions anyway- With the EO a possibility, would a move to a new position within the same company negate some of the benefits that might be available if the EO dream comes true?

Again, would greatly appreciate any help..

Thanks!
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Posted in H-1B Forum on 24 Feb 2014
Topic: H1B RFE-H1B Filed when outside the country

Thank you for the reply.Much appreciated.

Yes,I wasnt quite definite in my original post. I do have my H1B till april 1st. I travelled on Dec 19th and the H1B ext. was applied on December 20th(reciept from CIS). I do know about travelling on H1B after it is applied but my not quite sure on how they view an application that is filed when the beneficiary is outside the country. I am now back in the US and this RFE to contend with..

Yes,lawyers should have known better but the I am quite used to them screwing up quite often now,unfortunately..
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Posted in H-1B Forum on 24 Feb 2014
Topic: H1B RFE-H1B Filed when outside the country

All-

I would greatly appreciate any insight into my H1B RFE. My H1B gets over April 1 and have an approved I-140.

My lawyers filed for my H1B extension the very day I left the US on vacation to India. So, I wasn't even inside the US when the USCIS received the application the following day.

I received an RFE last week to explain how I could get an extension since I was outside the country.

Can anyone let me know if I would get this H1B extension denied or if there is a possibility of getting this approved without extension of stay?

I would greatly appreciate the help..
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Posted in I-140 Forum on 29 Oct 2013
Topic: I-140 application status from Intial review to Acceptance

I ended up getting a RFE for the i-140 application. Have no idea what the RFE was for but just know that the lawyers have got the notice.Did you have any luck?
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Posted in I-140 Forum on 24 Oct 2013
Topic: I-140 application status from Intial review to Acceptance

Thank you both for the replies!

akpcash-We might be GC twins,very simliar profiles in terms of PD,audit history and approvals.Good luck!
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